Opinion
B160535.
7-31-2003
THE PEOPLE, Plaintiff and Respondent, v. PETER MIRANDA AGUILAR, Defendant and Appellant.
Dale Dombkowski, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent.
Peter Miranda Aguilar appeals from a judgment (order granting probation) imposed following his plea of no contest to one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The trial court suspended proceedings and placed appellant on formal probation for three years, on conditions including service of 365 days in county jail. The sentencing followed the courts denial of appellants motion to withdraw his plea, on the basis that he had not understood its consequences, because his mental state was impaired when he pled, as the result of lack of sleep and having taken prescribed medications. Appellant filed a timely notice of appeal, and the trial court granted a certificate of probable cause.
We appointed counsel to represent appellant. Counsel filed a brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441-442, 158 Cal. Rptr. 839, 600 P.2d 1071.) On March 21, 2003, we advised appellant that he had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or argument he wished this court to consider. No response has been received.
The transcript of the plea proceedings reflects that appellant was fully advised about the consequences of his plea, which involved a negotiated disposition. Appellant acknowledged that he understood these terms, and indeed asked a question to obtain clarification about the maximum possible confinement should he violate probation.
We have examined the entire record and are satisfied that appellants appellate counsel has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 279-280, 145 L. Ed. 2d 756, 120 S. Ct. 746; People v. Wende, supra, 25 Cal.3d at pp. 441, 443.)
The judgment is affirmed.
We concur: RUBIN, J., BOLAND, J.